Brazil

The Brazilian Patent and Trademark Office (PTO) has introduced its long-awaited plan to solve its patent backlog, a project called the "Preliminary Standardised Office Action Program". The idea is to reduce backlog by 80% over the next two years – after which the PTO estimates it will take under 24 months to examine new applications.

The Madrid system will enter into force in Brazil on October 2 2019, three months after the delivery of the instrument of accession of Brazil to the World Intellectual Property Organization (WIPO). In the wake of the adherence to the international system, the Brazilian Patent and Trademark Office (BPTO) released four resolutions that not only address ratification, but also touch new and uncharted areas for international companies with trademarks in Brazil, including adopting necessary international norms for the local trademark regime, like multiclass filings, co-ownership, and divisional applications and registrations adding flexibility to the local system.

Performing trademark clearance searches should always be the first step taken prior to filing a trademark application, as they are an effective way of preventing legal risks before launching a brand.

Each year more Brazilians engage with e-commerce, and Brazil has taken the position of 4th largest internet market globally, representing 42% of all B2C e-commerce in Latin America.

In Brazil, the courts, rather than the Brazilian Patent and Trademark Office (BPTO), have the final say about the registration or cancellation of a patent, design or trade mark.

Although the amount of patent litigation in Brazil is far from the level of litigation in the US, patent infringement actions are very common in the jurisdiction. Such actions are the most effective measure against infringers, since preliminary injunctions are widely available. This makes Brazil very attractive as an additional battlefield for worldwide patent disputes.